Williams (Kervin) v The Queen

Subject Matter

CRIME — Summing up — Judge's direction — Judge directing jury to convict if defendant's statement accepted — Whether misdirection — Judge failing to direct jury to consider two counts of murder separately — Whether substantial miscarriage of justice — Judge referring to revenge theory advanced by prosecuting counsel in address to jury — No prior notice to counsel of intention — Whether defendant deprived of fair trial — Judicature (Appellate Jurisdiction) Act, s 14(1) — Jamaica

[1997] AC 624; [1997] 2 WLR 910

CRIME — Jamaica — Crime — Homicide — Classification of existing murder convictions as capital or non-capital — Single judge classifying murders and determining death sentences warranted — Classification and determination upheld on review by three Court of Appeal judges — Whether Privy Council having jurisdiction to entertain appeals — Jamaica (Constitution) Order in Council 1962 (SI 1962 No. 1550), Sch 2, s. 110(3)(5) — Offences against the Person Act 1864 (c 268), s 3(1A), 3B(5) (as inserted by Offences against the Person (Amendment) Act 1992 (No 14 of 1992), ss. 3(b), 4) — Offences against the Person (Amendment) Act 1992, s 7

[1997] AC 624; [1997] 2 WLR 910